Driving under the influence of drugs or alcohol is against the law, and being charged with a New Hampshire DUI could impact your life and the lives of your loved ones. For this reason, it is important to understand New Hampshire DUI laws and make informed decisions in the aftermath of a DUI arrest.
At Friedman & Bresaw, we have 60+ of combined experience in navigating DUI laws, DUI penalties in NH, and implied consent in New Hampshire. Above all, we want to guide you through complex legal processes to achieve more favorable outcomes. No matter what charges you are facing, we will be the advocates in your defense. To learn more, consider scheduling your free initial consultation at (603) 707-4800 today.
What Is a DUI In New Hampshire?
In accordance with New Hampshire’s laws governing alcohol and drug impairment, DUI (Driving Under the Influence) refers to the act of operating a vehicle while impaired by alcohol or drugs. All DUI offenses in New Hampshire are categorized as criminal acts, which elevates their seriousness beyond that of typical traffic infractions.
As outlined in NH Revised Statutes § 265-A:2, it is illegal to drive a vehicle while under the influence of intoxicating liquor or any controlled substance, including prescription medications or over-the-counter drugs. Under this legislation, individuals aged 21 and older must maintain an alcohol concentration of no more than .08%. For those under 21 years of age, the permissible limit is set at .02%.
What Are the Penalties for a New Hampshire DUI?
NH Revised Statutes § 265-A:18 outlines the penalties for a New Hampshire DUI, which vary depending on whether it is the person’s first, second, third, or subsequent violation. In general, an individual convicted of a first offense DUI is subject to less severe penalties than a person with multiple DUI charges.
What Are the Penalties for a First Offense DUI?
A first offense DUI is considered a Class B misdemeanor in New Hampshire, carrying potential penalties of:
- At least $500 in fines.
- License suspension ranging from 9 months to 2 years.
- License revocation, unless the driver completes the Impaired Driver Intervention Program within 45 days of conviction.
In some cases, it may be required to complete an alcohol and drug abuse screening within 14 days of conviction, which may also necessitate treatment and recovery plans. A judge has the discretion to require that an ignition interlock device is installed in the person’s vehicle.
What Are the Penalties for a Second Offense DUI?
For a second conviction of a DUI (between 2 and 10 years), a person will be charged with a class A misdemeanor, resulting in harsher penalties such as:
- At least $750 in fines.
- In cases where the violation occurred within 2 years of the first offense, jail time of at least 60 consecutive days is required. 30 days of the sentence may be suspended if the individual agrees to schedule a substance use disorder evaluation within 30 days of release, completes the evaluation within 60 days of release, and fully adheres to the service plan.
- If the violation did not occur within 2 years of the first offense, jail time of 17 consecutive days may be required (of which 12 days may be suspended).
What Are the Penalties for a Third Offense DUI?
For a third offense within 10 years of a prior DUI conviction, an individual will be subject to the penalties of a second offense DUI in addition to:
- Indefinite license revocation with a 5-year minimum revocation period. After this 5-year minimum period, the individual may petition the court for eligibility to reapply for a license, which the court may grant at its discretion.
- Mandatory jail time of 180 days, of which 150 days will be suspended so long as the individual completes a required evaluation within 60 days of release and adheres to the prescribed service plan.
What Are the Penalties for a Fourth or Subsequent Offense DUI?
A fourth or subsequent DUI is considered a felony in the state of New Hampshire, which carries all the same aforementioned penalties in addition to indefinite license revocation. The person cannot petition for eligibility to reapply for their license until 7 years have passed since the date of their conviction.
DUI Resulting in Serious Bodily Injury
A DUI resulting in serious bodily injury of another driver is considered a class B felony and will carry harsher penalties, including:
- License revocation for a period of 18 months to 2 years
- Fines of at least $1,000.
- A mandatory sentence of at least 35 days in the county correctional facility, with a possible suspension of 21 days under the condition that a drug and alcohol abuse evaluation is scheduled within 30 days of release and completed within 60 days.
DUI Negligent Homicide
Based on NH Revised Statutes § 630:3, a person is guilty of DUI negligent homicide when they unintentionally cause the death of another while driving under the influence of drugs or alcohol. Negligent homicide is considered a class A felony, carrying penalties of:
- Up to $4,000 in fines.
- Incarceration of up to 7 and a half to 15 years in prison.
- Revocation of driver’s license for a minimum of 7 years. After this 7-year revocation period, the individual may petition the court for eligibility to reapply for a license.
- Court may require installation of an ignition interlock device in the vehicle for up to 5 years.
What Is Aggravated Driving While Intoxicated?
Aggravated driving while intoxicated is a different, more severe legal violation than a standard DUI. According to NH Revised Statutes § 265-A:3, an individual is deemed guilty of aggravated driving while intoxicated under the following circumstances:
- Operating a vehicle at a speed of 30 miles per hour or more above the posted speed limit.
- Causing a collision that results in serious bodily injury to another person.
- Attempting to evade law enforcement by engaging in reckless driving behaviors, such as speeding, turning off headlights, or, in the case of watercraft, abandoning the vessel.
- Carrying a passenger in the vehicle who is under 16 years of age.
- While having a blood alcohol concentration of .16 or more
What Are the Penalties for Aggravated DUI in New Hampshire?
In New Hampshire, an aggravated DUI is considered a Class A misdemeanor, carrying the following penalties:
- Fines of at least $750
- Mandatory jail time of 17 consecutive days. Twelve days may be suspended if the individual schedules a full substance abuse evaluation within 30 days of release, completes the required evaluation within 60 days of release, and fully abides by the developed service plan.
- License revocation for a period of 18 to 24 months.
What Is Implied Consent?
According to NH Revised Statutes § 265-A:4, individuals who operate a motor vehicle or boat on public roads or waterways are deemed to have consented to undergo a breath, blood or sobriety test if they are stopped due to reasonable suspicion of driving under the influence. This legislation implies that all licensed drivers in New Hampshire have agreed to submit to a chemical test when an officer has valid grounds to suspect that they may be operating a vehicle while impaired by drugs or alcohol.
What Happens If I Refuse to Take a Chemical Test or Field Sobriety Test?
If a police officer pulls you over and you refuse to take a chemical or field sobriety test, you may be charged with refusal of consent. For individuals facing their first refusal and without any prior DUI convictions, the consequence is a 180-day suspension of their driving privileges. Conversely, if the individual has previously refused a test or has prior DUI offenses, the penalty escalates to a two-year suspension.
Importantly, the penalties associated with refusal of consent are distinct from DUI charges. An individual may be charged with refusal of consent before any DUI charges are filed. In such instances, the driver must initiate a hearing to contest the suspension within 30 days of receiving the suspension notice. Failing to do so could result in an extended period without a valid driver’s license.
What Are the DUI Laws for Out-of-State Drivers?
New Hampshire is a common destination for work and tourism and out-of-state drivers from neighboring states are often driving on our roadways. The DUI laws for out-of-state drivers are governed by the Driver’s License Compact, which is an interstate system used by the majority of U.S. states to exchange key information related to license suspensions and traffic violations, including DUI arrests.
Under the compact, a driver’s home state will treat the offense as if it had been committed in their home state, applying the home state’s laws to the out-of-state violation. For example, if a Massachusetts driver is arrested for a DUI in New Hampshire, the legal system in New Hampshire will forward information about the violation to Massachusetts. The DUI will then be treated as if it had originated in the state of Massachusetts.
Speak with an Experienced Attorney at Friedman & Bresaw, PLLC Today
As seasoned and compassionate New Hampshire DUI attorneys, we are committed to treating each client with honesty, integrity, and respect regardless of their criminal charges. At Friedman & Bresaw, PLLC, we take the time to understand your situation and provide tailored DUI defense strategies that prioritize your rights, interests, and freedom. To discuss your case with our team, consider scheduling your initial free consultation at (603) 707-4800.
